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Scheidler v. Trombley: Defamation Suit against Planned Parenthood

In 2007, in the midst of the "Ground Zero" battle over the construction of Planned Parenthood's mega-center in Aurora, Illinois, Planned Parenthood of Illnois CEO Steve Trombley published a full-page ad accusing the League and its officers of having a "well-documented history of advocating violence." When Trombley refused to retract this defamatory statement, the League's Eric Scheidler, who was leading the fight against the new abortuary, filed a libel suit.

Early in the case, Planned Parenthood filed for a motion to dismiss the case on the basis of a new, untested Illinois law called the Citizen Participation Act (CPA). The CPA is a law designed to keep big corporations from intimidating small groups or individuals by harassing them with baseless lawsuits the littleg guy can't afford to fight. Planned Parenthood had flipped the law completely on its head, but because the law was broadly written, the judge accepted their claim.

With an Illinois Supreme Court ruling in another CPA case in January 2012, the interpreation that Planned Parenthood could not be prosecuted for their lies because they were seeking favorable goverment action began to crumble. Below is a detailed timeline of the story so far:

July 26, 2007—Eric Scheidler learns that rumors of a new abortion facility opening in his home town of Aurora, Illinois are true, and that it will be operated by Planned Parenthood. Eric launches a grassroots effort to stop it from opening.

August 2007—Opposition to Planned Parenthood's new Aurora abortuary reaches a fever pitch under Eric's leadership. It is learned Planned Parenthood deliberately hid their identity with a front company and lied to city officials. Thousands participate in protests, vigils and community meetings. Public outcry against Planned Parenthood grows.

September 5, 2007—Steve Trombley, CEO of Planned Parenthood Illinois, sends a letter to the Aldermen and Mayor of the City of Aurora claiming that Joe Scheidler and the Pro-Life Action League have "a well-documented history of advocating violence and criminal activity" along with a litany of other false statements about Joe and the League.

September 10, 2007—Planned Parenthood takes out a full-page ad [PDF] in the Aurora Beacon News repeating the libelous statements in Trombley's letter, along with a picture of a burnt-down abortion clinic from the 1980s.

October 1, 2007—Eric Scheidler and 18 other pro-lifers leading the fight in Aurora sue Planned Parenthood for libel to clear their good names. The same day, Mayor Tom Weisner grants Planned Parenthood their occupancy permit, allowing them to open.

June 4, 2008—Planned Parenthood files a Motion to Dismiss under the Illinois Citizen Participation Act (CPA), claiming the libel suit is an attempt to intimidate them out of participating in the political process.

July 28, 2008—Steve Trombley is deposed by Thomas More Society attorneys Peter Breen and Jason Craddock. Trombley refuses to admit the falsehood of his claims, or what he was trying to accomplish with the defamatory statements he made.

August 7, 2008—Judge Judith Brawka grants request by all plaintiffs except Eric Scheidler and the Pro-Life Action League to be dropped from the suit, with prejudice, to avoid the huge financial burden of a possible loss.

August 8, 2008—The judge denies a request by Joe Scheidler who was libeled by name in Planned Parenthood's letters and ads to join the case.

August 22, 2008—After months of preliminary hearings, arguments are finally heard on Planned Parenthood's Motion to Dismiss. The judge says she will rule by September 3.

Setember 2, 2008—The judge hands down a nine-page ruling granting the motion to dismiss. The ruling nowhere addresses the merits of the case. She does allow the addition of four new counts to the case which do not include an apparent appeal for political action.

October 1, 2008—Planned Parenthood submits a demand that Eric and the League pay $317,322 in attorney's fees an amount that will grow dramatically as the appeals process unfolds.

December 10, 2008—Judge Brawka allows two counts of libel and slander to stand, meaning Planned Parenthood could still be found guilty of libel for the same statements "immunized" by her earlier ruling. This means the libel case stays alive.

February 13, 2009—Eric and the League petition the Illinois Court of Appeals for Leave to Appeal Judge Brawka's ruling that the CPA grants Planned Parenthood a "License to Lie" and the right to demand $317,322 in attorney's fees.

July 24, 2009—The Illinois 2nd District Court of Appeals denies Eric Scheidler's Petition for Leave to Appeal.

April 2010—Planned Parenthood of Illinois CEO Steve Trombley leaves his position and moves to Vermont to head up the New England affiliate of Planned Parenthood.

September 29, 2010—The Illinois Supreme Court denies Eric's Petition for Leave to Appeal.

September 30, 2010—The 1st District Court delivers an opinion in Shoreline v. Gassman, another case involving the CPA, which seems to contradict the reading of the act that lead the 2nd District to deny Eric's petition for Leave to Appeal.

October 2010-July 2011—In this period, various motions, hearings and interlocutory appeals were heard on such issues on whether Joe Scheidler was eligible to join the case as a plaintiff and whether the plaintiffs who were dismissed in August 2008 could be held responsible for portions of Planned Parenthood's fee demand.

August 4, 2011—Planned Parenthood submits an updated demand for attorney's fees, this time a staggering $494,405.

August 24, 2011—Oral arguments begin before the Illinois Supreme Court in the case of Sandholm v. Kuecker, another case where a plaintiff who sued for libel is counter-sued under the CPA. Whicever way the Sandholm ruling goes, it will have enormous implications for Scheidler v. Trombley.

January 5, 2012—Judge Brawka rules that the plaintiffs who were earlier dismissed from the case cannot be held responsible for any fee demand Planned Parenthood may eventually be awarded.

January 20, 2012—The Illinois Supreme Court hands down its ruling on Sandholm v. Kuecker [PDF]. The justices rule that the Illinois General Assembly did not intend to create a category of total immunity from prosecution for libel or defamation when they wrote the CPA.